Strengthening Parliamentary Committees
Total Page:16
File Type:pdf, Size:1020Kb
Strengthening Parliamentary Committees Background Note for the Conference on Effective Legislatures Parliamentary committees increase the efficiency and expertise of Parliament. Given the volume of work and the limited time at their disposal, legislators are unable to scrutinise every matter in detail on the floor of the House. Some of this work is entrusted to Committees, which are composed of groups of Members of Parliament (MPs). These Committees review proposed laws, oversee activities of the executive branch, and scrutinise government expenditure. Their reports allow for informed debate in Parliament.1 Committees also provide a forum to build consensus across party lines, help develop expertise in subjects, and enable consultation with independent experts and stakeholders.1 In this note, we give an overview of the Parliamentary committee system in India and list some metrics to measure their effectiveness. Committee system in India There are broadly two kinds of committees: (a) Standing Committees; and (b) Ad-hoc Committees. Both Houses have a similar committee structure, with few exceptions. Their appointment, terms of office, functions, and procedure for conducting business is regulated as per Rules of Business of each House. Table 1: Types of Committees in the Lok Sabha and Rajya Sabha Standing Committees Description Financial Committees (Committee on - Exclusively under the Lok Sabha secretariat. A Minister is not eligible to be a member. Estimates, Public Undertakings, and - Estimates Committee examines estimates of ministries, Public Undertakings Committee (PUC) Public Accounts) examines functioning of public undertakings and Public Accounts Committee (PAC) scrutinises the statement of accounts showing the sums granted by Parliament for the expenditure of the government. - Customarily, chairperson of PAC is an Opposition member. PAC can hear non-official witnesses. - Estimates Committee elects 30 members only from the Lok Sabha. The Committees on Public Accounts and Public Undertakings have 7 Rajya Sabha members out of a total of 22 members. Departmentally Related Standing - Departmentally Related Standing Committees (DRSCs) were introduced in 1993 to ensure Committees (Committees on Agriculture, oversight over each ministry. A Minister is not eligible to be a member. Commerce, Home Affairs, Health and - May hear expert witnesses and representatives of special interest groups. Family Welfare etc) - There are 24 DRSCs. Committees such as Home Affairs, Finance and External Affairs are customarily chaired by a member of opposition party. - Each DRSC has 31 members, with 21 from Lok Sabha and 10 from Rajya Sabha. Seats on each Committee are allocated to parties in proportion to their strength in the House. The Chairs of the Committee are appointed by the Speaker or Chairman of each House. Other Standing Committees (Business - Each House has a set of these Committees, to inquire into other matters related to Parliament and Advisory Committee, Committee on the day-to-day business of the House. Lok Sabha has 16 Committees and Rajya Sabha has 12. Petitions, Subordinate Legislations, and Rajya Sabha classifies Committees on Ethics, MPLADs, and Provision of Computers to Members of Government Assurances, Joint RS as Standing Committees. Committees on Salaries and Allowances - Number of members varies between 7 and 26. Some have fixed term of one year while others are of MPs and Office of Profit) not fixed. A Minister is not eligible to be a member of the Committees on Women Empowerment; Government Assurances; Petitions; Subordinate Legislation; and Welfare of SC/STs. - Joint Committees include members (elected or nominated) from both Houses. Such Committees have about 15 members and are formed for a term of one Lok Sabha. Ad Hoc Committees Description Committees on Ethics, MPLADS, and - Appointed for a specific purpose such as the Joint Committee to examine pricing of telecom Provision of Computers to LS Members, licenses and spectrum. They cease to exist after the task assigned to them is over. Lok Sabha Joint Committees on Wakf, Railway classifies Committees on Ethics, MPLADS & Computers as Ad Hoc Committees. Convention, Fertiliser Pricing etc - Include Select and Joint Committees on Bills. Eg. Commercial Division of High Courts Bill, 2009. - Except for the Joint Committee on Wakf, the committees operate in the Lok Sabha. Include members from both Houses and the number varies between 10 and 30. Sources: “Parliamentary Committees Introduction,” Lok Sabha website and “Committees of Rajya Sabha,” Rajya Sabha website; PRS. Kaushiki Sanyal November 25, 2011 [email protected] PRS Legislative Research Centre for Policy Research Dharma Marg Chanakyapuri New Delhi – 110021 Tel: (011) 2611 5273-76, Fax: 2687 2746 www.prsindia.org Strengthening Parliamentary Committees PRS Legislative Research National Commission to Review the Working of the Constitution (NCRWC)2 In 2002, the NCRWC pointed out some shortcomings of the committees: (a) low attendance of MPs at meetings; (b) too many ministries under a committee; (c) norms not followed by most political parties while nominating MPs to committees; and (d) the constitution of DRSCs for a year leaves very little time for specialisations. Recommendations of NCRWC ⋅ DRSCs should be periodically reviewed. All Bills should be referred to DRSCs. They can elicit public views and call specialist advisors. The DRSCs may finalise the second reading stage in the Committee. ⋅ Three new committees should be set up: (a) Standing Committee on National Economy to provide analysis of the national economy with resources for advisory expertise, data gathering and research facilities; (b) Standing Constitution Committee to scrutinise Constitutional Amendment Bills before they are introduced in Parliament; and (c) Committee on Legislations to oversee and coordinate legislative planning. Existing Committees on Estimates, Public Undertakings and Subordinate Legislation may not be needed. The Petitions Committee can be a supplement to the proposed office of the Lok Pal. ⋅ Major reports of all Committees should be discussed in Parliament especially in cases where there is disagreement between a Committee and the government. The recommendations of the PACs should be accorded greater weight and they should be treated as the “conscience-keepers of the nation in financial matters”. Some Metrics to Measure Effectiveness of Committees The committee system in India can be evaluated both qualitatively and quantitatively. A quantitative study would include comparison of the number of reports submitted by each committee, number of meetings held, and the attendance of MPs for each meeting. A qualitative study would have a higher level of subjectivity and would include studying the quality of the recommendations, level of knowledge of MPs, quality of discussions in the Committees etc. We list some possible ways to measure the working of committees. Number of reports tabled Each Committee tables various types of reports. Chart 1: Number of reports tabled by each DRSC ⋅ Financial Committees: Review of policies or a 45 scheme, and Action Taken Reports (ATRs), 40 which are reports of any action taken by the 35 government on a Committee’s recommendations. 30 ⋅ DRSCs: Analysis of Bills, review of policies, 25 ATRs and Demand for Grants (estimate of 20 Ministry’s expenditure). 15 10 ⋅ Other Committees: Analysis of the specific issue Tabled Reports No.of for which the Committee was constituted. 5 0 In Chart 1, we show the number of reports tabled by th IT HRD DRSCs in the 15 Lok Sabha (till Oct 2011). Food Water Health Labour Energy Industry Defence Finance Finance Among DRSCs, Finance tops the list followed by Railways Transport Rural Dev Petroleum Chemicals Urban Dev Urban Agriculture Ext. Affairs Personnel Personnel Commerce Agriculture, IT and HRD. & Steel Coal Home Affairs Home Social Justice Science&Tech In Table 2, we provide an overview of the total Table 2: Total Reports Tabled by Some Committees number of reports submitted by various other Committees Total reports committees. The types of reports tabled include Public Accounts Committee 39 ATRs and reviews. Subordinate Legislation 29 Among the three Financial Committees, the PAC Private Members’ Bills 21 submitted the highest number of reports at 39. The Estimates Committee and the Public Undertakings Government Assurances 20 Committee submitted 11 reports each. Estimates Committee 11 Among the other Committees, the Ethics Committee Public Undertakings Committee 11 submitted only one report while the MPLADS MPLADS 6 Committee submitted six reports. Ethics 1 Sources: Lok Sabha and Rajya Sabha websites, PRS * Note: Data for all charts sourced from Lok Sabha and Rajya Sabha websites. November 25, 2011 2 Strengthening Parliamentary Committees PRS Legislative Research Time Taken to Submit Reports Most Bills introduced in Parliament are referred to Chart 2: Average time taken to submit Bill reports the respective DRSCs. Generally, DRSCs get two 14 14 to three months to submit the report. In case the 12 12 report is not submitted within the stipulated time, 10 10 the DRSC can get an extension. 8 8 Chart 2 depicts the number of reports tabled by 6 6 each DRSC that analysed a Bill. It also gives the 4 4 months) average time taken by each DRSC to table the 2 2 No of Bill reports tabled reports Bill of No reports. 0 0 IT Nine DRSCs submitted only one report. On (in report table to taken time Average HRD Health average, the Committees on Railways and Water Labour Finance Finance Railways Transport Rural Dev Personnel Petroleum Chemicals Water Res Urban Dev Sci & Tech & Sci Agriculture Resources took the maximum time to submit Commerce Home Affairs reports. No of Bill reports Average Time Taken (RHS) Number of Meetings Held and Attendance of MPs Each Committee holds a certain number of Table 3: Data on Demands for Grants meetings before tabling a report. In Table 3 we DRSCs Reports* Avg Avg meeting time Attendance provide data on the number of meetings held for meetings per report ( hr) (in%) Demand for Grants in some DRSCs. The detailed per report estimate of each Ministry’s expenditure is called Finance 13 1 7 50 Demand for Grants.